JAI PRAKASH Vs. ANITA DEVI

JUDGEMENT

(1.) The present Revision Petition under Sec. 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC, 1908") has been filed on behalf of the Revisionist/Defendant No. 1/ Jai Prakash to challenge the Order dtd. 4/9/2024 vide which Application u/O XV1 Rule 1(3) of CPC, 1908 to examine two Official witnesses and Application under S. 45 of the Indian Evidence Act, 1972 to examine one Handwriting Expert, were dismissed.

(2.) The learned District Judge dismissed the Application for examination of hand writing expert by holding that the same has been filed at a belated stage when the trial has been pending at the stage of D.E. since 2019.

(3.) The Application for examination of the two Official Witnesses was dismissed by observing that there was no reference to these documents in the List Of Witnesses filed on behalf of the Revisionist/Defendant No. 1 and he cannot spring a surprise on the opposite party in the later stage of the trial. It was further observed that the relevancy of these documents, was also not made out and the Application was dismissed.